United States v. Djokich, No. 10-2294 (1st Cir. 2012)Annotate this Case
Appellant was convicted of conspiracy to commit kidnapping and conspiracy to use interstate commerce facilities in the commission of murder for hire. Appellant appealed, arguing that the district court erred in denying his motion to dismiss the indictment on the grounds of outrageous government misconduct in manufacturing federal jurisdiction and in refusing to instruct the jury on the defense of jurisdictional entrapment. Both arguments depended on the contention that the government created United States jurisdiction by unlawfully orchestrating a change in location for the crimes that Appellant conspired to commit. The First Circuit Court of Appeals affirmed, holding (1) without evidence that Appellant was coerced or unduly induced, or evidence that the government engaged in some other type of outrageous misconduct, the district court did nor err by denying Appellant's motion to dismiss; and (2) as Appellant plainly failed to satisfy his burden to make a threshold showing of inducement, the district court did not err in refusing to give Appellant's proposed jurisdictional entrapment jury instruction.